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IN RE FOAH

BAP No. NM-12-019. Bankruptcy No. 11-13550.

482 B.R. 918 (2012)

In re Lucio Leide FOAH, also known as Lou Foah, Debtor. Res-Ga Memorial, LLC, Appellant, v. Lucio Leide Foah, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 3, 2012.

Attorney(s) appearing for the Case

Kevin L. Ward of Schulten Ward & Turner, LLP, Atlanta, GA ( William F. Davis and Andrea D. Steiling of William F. Davis & Assoc., P.C., Albuquerque, NM, on the briefs), for Appellant.

George M. Moore ( Arin E. Berkson with him on the brief) of Moore, Berkson & Gandarilla, P.C., Albuquerque, NM, for Appellee.

Before THURMAN, Chief Judge, BROWN, and SOMERS, Bankruptcy Judges.

OPINION

BROWN, Bankruptcy Judge.

Debtor Lucio Leide Foah ("Debtor") filed a Chapter 7 petition in the United States Bankruptcy Court for the District of New Mexico on August 5, 2011. In his schedules, he claimed an exemption in a life insurance policy under New Mexico law.1 The Debtor acquired this policy from Northwestern Mutual Life in 1992.2 He is both its owner and the named beneficiary. Originally...

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